Illinois Appellate Court
Criminal Court
Postconviction Petitions
Defendant was convicted of theft after jury trial. Defendant filed pro se "Motion to Vacate Judgment", citing both Section 2-1401 of Code of Civil Procedure and Section 122-1 of Post-Conviction Hearing Act, and requested appointment of counsel. At hearing, court asked Defendant whether he wanted to proceed under Code or Act, and Defendant responded under the Act. State filed motion to dismiss, and court erred by considering input from State without appointing counsel for Defendant. (APPLETON and McCULLOUGH, concurring.)